By Lucio                                              S.B. No. 1454

         Substitute the following for S.B. No. 1454:

         By Clark, Bailey                                  C.S.S.B. No. 1454

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the validation of governmental act or proceeding of a

 1-3     municipality.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 1, Title 28, Revised Statutes, is amended

 1-6     by adding Article 974d-45 to read as follows:

 1-7           Art. 974d-45.  GENERAL MUNICIPAL VALIDATION

 1-8           Sec. 1  All governmental acts and proceedings of a

 1-9     municipality not excepted in this Article including charter

1-10     adoptions, amendments, annexations, attempted annexations,

1-11     disannexations and attempted disannexations, taken before June 1,

1-12     1997 are validated as of the dates on which they occurred.

1-13           Sec. 2  (a)  This article does not validate any governmental

1-14     act or proceeding which was void or which, under the statutes of

1-15     this state at the time the action or proceeding occurred, was a

1-16     misdemeanor or felony.

1-17           (b)  This article does not validate any incorporation or

1-18     attempted incorporation by a municipality of territory within the

1-19     extraterritorial jurisdiction of or within the incorporated

1-20     boundaries of, another municipality without the consent of that

1-21     municipality in violation of Chapters 42 or 43, Local Government

1-22     Code.

1-23           (c)  This article does not validate any ordinance which at

1-24     the time it was passed was preempted by any statute of this state

 2-1     or of the United States, including Section 1.06 or 109.57, Texas

 2-2     Alcoholic Beverage Code.

 2-3           (d)  This article does not apply to a matter that on the

 2-4     effective date of this article:

 2-5                 (1)  is involved in litigation if the litigation

 2-6     ultimately results in the matter being held invalid by a final

 2-7     judgement of a court of competent jurisdiction; or

 2-8                 (2)  has been held invalid by a final judgement of a

 2-9     court of competent jurisdiction.

2-10           SECTION 2.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended,

2-15     and that this Act take effect and be in force from and after its

2-16     passage, and it is so enacted.